Negligent misstatements under the law of torts books

In that instance, not reading the warning label proved to be. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent defendant and the party bringing the claim claimant relied on this statement to its detriment and suffered a loss as a result of this statement. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skillknowledge to a party that doesnt possess this skill or knowledge willesee bill, law management 252, curtin handbook 2010. Law of negligence and negligent misstatements objectives. Liability for tort, liability as affected by status, various kinds of torts, negligence and duties of insurance. A negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant.

There is no general duty of care in making statements, particularly in relation to statements on financial matters. A selection of cases illustrative of the english law of tort. Negligent misstatements under hedley byrne often take place in precontractual situations, but in practice this has been made less important by the misrepresentation act 1967, which imposes its own liability for false statements made during negotiations. Generally, an action for any form of misrepresentation is between contracting parties, whereas an action for negligent misstatement may be invoked whether or not a contractual relationship exists. The terms negligent misrepresentation and negligent misstatement are often confused. Director responsible for companys negligence law report 18 january 1996.